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(영문) 창원지방법원 진주지원 2017.08.08 2017고단15
산림자원의조성및관리에관한법률위반등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of a sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. A person who intends to divert a mountainous district in violation of the Management of Mountainous Districts Act shall file a report with the competent administrative agency;

On April 10, 2016, the Defendant used 3,315 square meters to convert the form and quality of mountainous districts by using heavy equipment such as pokes, etc. in order to create a camping site and establish access roads, without reporting to the competent authorities. In order to create a camping site and establish access roads, the Defendant converted the use of mountainous districts of approximately 3,315 square meters into mountainous districts.

2. A person who intends to fell standing timber, mine or gather forest products in a forest violating the Creation and Management of Forest Resources Act shall obtain permission from the competent authority;

From April 8, 2016 to April 9, 2016, the Defendant cut 14 parts of pine trees planted in the above place without obtaining permission from the competent authorities, and cut 16 parts of pine trees 14 (13m average 13m in diameter, average 5m) and 46m of active leaves (16m average chest solid diameter, 16cm average : 9m average : 9m).

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A written statement;

1. Notification of the results of on-site investigations of illegal forests damaged land;

1. A map of location of forest damaged areas, a forestry map, a forest damaged areas forestry map, a protocol of forest damaged areas, a table of the registered standing timber of forests damaged areas, a table of wood standing timber of forest damaged areas, a statement of calculating expenses incurred in restoring illegally damaged areas for forest damage, a photographer of damaged areas for forest, an aerial photography, a ledger of forests and fields, the ledger of land, and a certificate of land use plan;

1. Application of Acts and subordinate statutes to a report on investigation (report on revision, such as an average chest height of standing timber without permission);

1. Article 55 subparagraph 1 of the Management of the Mountainous Districts Act, Article 15 (1) 1 of the relevant Management of the Mountainous Districts Act, Article 74 (1) 3, and Article 36 (1) of the Creation and Management of Forest Resources Act concerning the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 of the Criminal Act:

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